April 2019

February 2019

Civil Procedure Code, 1908, O.18 R.3-A–Examination as own Witness–Held; Defendant had availed many opportunities for closing his evidence and rebuttal evidence but did not filed any application at that time—Omission to file his own affidavit held to be intentional to delay the proceedings—Application held to be rightly dismissed

By | February 27th, 2019|Evidence - Civil|

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Comments Off on Civil Procedure Code, 1908, O.18 R.3-A–Examination as own Witness–Held; Defendant had availed many opportunities for closing his evidence and rebuttal evidence but did not filed any application at that time—Omission to file his own affidavit held to be intentional to delay the proceedings—Application held to be rightly dismissed

January 2019

Transfer Deed—A small error/mistake in the annexure attached to the registered transfer deed which has no effect on the transfer would not result in invalidating the transfer deed itself Admission—If an admission in oral evidence is capable of two interpretations then an interpretation favorable to the person making it should be taken as his admission

By | January 27th, 2019|Evidence - Civil|

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Comments Off on Transfer Deed—A small error/mistake in the annexure attached to the registered transfer deed which has no effect on the transfer would not result in invalidating the transfer deed itself Admission—If an admission in oral evidence is capable of two interpretations then an interpretation favorable to the person making it should be taken as his admission

Civil Procedure Code, 1908, O.13 R.4-Endorsement of Document-Order 13 Rule 4 CPC only provides for a procedure for endorsement of the documents by the Presiding Judge, admitted in evidence-It is nowhere provided that if the Presiding Judge fails to endorse the document, the document cannot be read as part of the record.

By | January 21st, 2019|Evidence - Civil|

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Comments Off on Civil Procedure Code, 1908, O.13 R.4-Endorsement of Document-Order 13 Rule 4 CPC only provides for a procedure for endorsement of the documents by the Presiding Judge, admitted in evidence-It is nowhere provided that if the Presiding Judge fails to endorse the document, the document cannot be read as part of the record.

October 2018

Civil Procedure Code, 1908, O.16 R.1–Production of Witnesses-Application under O.16 R.1-A CPC cannot be objected by the defendants—Filing of present revisions is delaying tactices; dismissed with costs. 

By | October 1st, 2018|Evidence - Civil|

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Comments Off on Civil Procedure Code, 1908, O.16 R.1–Production of Witnesses-Application under O.16 R.1-A CPC cannot be objected by the defendants—Filing of present revisions is delaying tactices; dismissed with costs. 

May 2018

Closing of Evidence by order—Diet money but other expenses having been been deposited to summon the witness—Thereafter, it was the duty of the court to enforce the attendance of any witness through coercive methods.

By | May 24th, 2018|Evidence - Civil|

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Evidence Act, 1872, S.34–Bahi Entry-When commission against himself proves his Accounts, which were maintained in routine by him then examination of clerk who had made entry is not necessary.

By | May 1st, 2018|Evidence - Civil|

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April 2018

Defendant no-1 is suffering from various ailments and is an old lady of 80 years of age—She cannot travel a long distance from Bhopal to Chandigarh for examination—Direction issued to record cross examination through video conferencing.

By | April 7th, 2018|Evidence - Civil|

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Comments Off on Defendant no-1 is suffering from various ailments and is an old lady of 80 years of age—She cannot travel a long distance from Bhopal to Chandigarh for examination—Direction issued to record cross examination through video conferencing.

March 2018

Civil Procedure Code, 1908,0.8 R.2–Additional facts-Supplementary affidavit-Held; When the cross examination has not been done, any additional fact can always be brought on file by way of supplementary affidavit.

By | March 21st, 2018|Evidence - Civil|

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Accident—Claim petition—Even if the cases under the Act have been tried as summary cases yet the essential principle of the law of evidence cannot be given a go-bye. Accident—Loss of love and affection—Rs.50,000/- awarded towards loss of love and affection to unmarried sister.

By | March 17th, 2018|Evidence - Civil|

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Evidence Act, 1872, S.45-Expert evidence-Comparison of signatures-Suit for recovery—Mortgage deed-Appellant had been signing differently on different documents which are the part of the pleadings and evidence

By | March 4th, 2018|Evidence - Civil|

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Comments Off on Evidence Act, 1872, S.45-Expert evidence-Comparison of signatures-Suit for recovery—Mortgage deed-Appellant had been signing differently on different documents which are the part of the pleadings and evidence

January 2018

Withdrawal of suit—Liberty to file fresh suit—An application must disclose the technical defects in the pleadings which cannot be cured by any other means including the amendment application.

By | January 15th, 2018|Evidence - Civil|

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December 2017

Production of Documents-Grant of Leave– Suit at stage of adducing evidence by petitioner-Documents mentioned in the affidavit were neither the basis of defense nor the same were relied upon by petitioner

By | December 30th, 2017|Evidence - Civil|

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Closing of Evidence by order—To do justice, sometimes technicalities is to be ignored—One more effective opportunity granted.

By | December 18th, 2017|Evidence - Civil|

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It is a settled principle of law that the plaintiff cannot be allowed to lead evidence in rebuttal in respect of an issue, the onus of which was on the plaintiff himself.

By | December 6th, 2017|Evidence - Civil|

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November 2017

Comparison of Signatures—Photocopy of the document can be subjected to expert opinion. Rebuttal Evidence—Plaintiff has a right to lead evidence in rebuttal in respect of an issue, the onus of which was on the defendants.

By | November 20th, 2017|Evidence - Civil|

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Comments Off on Comparison of Signatures—Photocopy of the document can be subjected to expert opinion. Rebuttal Evidence—Plaintiff has a right to lead evidence in rebuttal in respect of an issue, the onus of which was on the defendants.

Additional Evidence—Cause of action accrued to plaintiff only after acceptance of application for secondary evidence by defendant—Plaintiff is entitled to lead additional evidence in this regard.

By | November 13th, 2017|Evidence - Civil|

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Recalling of Witness—This provision can only be invoked by the Court for its convenience and not on the asking of any party.

By | November 12th, 2017|Evidence - Civil|

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Compromise of Suit—Holding of an enquiry is must in case a compromise is asserted by one party and denied by other party.

By | November 8th, 2017|Evidence - Civil|

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